Professional Documents
Culture Documents
CONTENTS
DOCUMENT DESCRIPTION TAB
IMPORTANT NOTICE
This document contains two Product Disclosure Statements (PDSs) which relate to the relevant
financial products and services offered on the eToro Trading Platform by either eToro Aus
Capital Limited ABN 66 612 791 803, AFSL 491139 or eToro Asset Management Limited, ABN 51
122 005 396, AFSL 319738.
You should read the information in both PDSs before deciding to invest on the eToro
Trading Platform.
ETORO AUS CAPITAL LIMITED
PRODUCT DISCLOSURE STATEMENT
AFSL 491139
Table of Contents Your potential total liability for all of your CFDs is limited to
the balance in your Account.
Section 1 – Important Information ...................... 3
You should carefully consider the risks of our CFDs and your
Section 2 – Key Information ................................. 4
capacity to meet your obligations before investing.
Section 3 – How to Trade ...................................... 9
This initial warning cannot set out and duplicate all of the
Section 4 – Significant Risks................................ 17 important information in this PDS. You should read all of this
PDS and the Financial Product Terms before making a decision to
Section 5 – Fees, charges and costs .................. 23
invest in the financial products covered by this PDS. We
Section 6 – General Information ........................ 23 recommend that you contact us if you have any questions arising
from this PDS or the Financial Product Terms prior to entering
Section 7 – Glossary............................................. 27
into any transactions with us. eToro Australia recommends that
you consult your adviser or obtain independent advice before
Section 1 – Important
trading.
Sydney NSW 2000 ● The CFDs involve leverage which can be set by you within the
range offered from time to time for each CFD. This could
Telephone: +61 2 8067 6002 range from 1:1 to a high degree of leverage. Our CFDs
potentially let you invest a relatively small amount (in the
Email: info@etoro.com.au
form of the Initial Margin) to have an exposure to the
or through our website at www.etoro.com Underlying Instrument without having to pay the full price of
the Underlying Instrument. This leverage gives you the
potential to take a greater level of risk for a smaller initial
Section 2 – Key Information outlay, so this increases the potential risks and rewards.
Leverage can magnify losses (see Section 4 – Significant
2.1 Key Features of our CFDs Risks and, in particular, the paragraph “Loss from Leverage”
at section 4.1).
● The CFDs are over-the-counter derivatives issued by
eToro Australia. They are not Exchange traded. ● Your moneys paid as Margin are kept in the eToro Australia
client moneys trust account until invested as permitted
● They are for investing indirectly in a range of
under eToro Australia's client money policy, or it is paid back
instruments including for example foreign exchange
currencies, index level, commodities, metals, ETFs, to you or paid to eToro Australia for fees, costs and charges
equities and cryptocurrency price movements around (if applicable) or if your Account Value has suffered a
the world without having to own and pay full value of Realised/Unrealised Loss.
the Underlying Instrument.
● If your Account Value has benefited from a
● Your Account must be funded before CFDs are issued Realised/Unrealised Profit, eToro Australia will pay money (or
to you. You do this by paying at least the Initial Margin credit) equivalent to that amount of the Realised Profit into
(and you should consider funding the Account in the eToro Australia client moneys trust account (or into a
anticipation of any fees and charges described in permitted investment) for your benefit. This means your
Section 5). Account gets paid cash (or is credited) for gains, even before
you Close Out your CFDs.
● You remain liable to pay later Variation Margins and to
maintain the required amount of Margin Cover. If you 2.3 Key Risks of our CFDs
do not maintain the required Margin Cover or you do
The key risks of investing in the CFDs are outlined below.
not pay the required Margin call by the required time,
Please see Section 4 for further information on the
your CFDs can be Closed Out and you remain liable to
pay for any remaining shortfall. description of the significant risks.
● Unlike CFDs traded on an Exchange, the CFDs are not ● Leverage – The CFDs are leveraged when the amount you pay
standardised. The terms of a contract may, in eToro (i.e., the total Margin and fees, charges and costs) to eToro
Australia is less than the full-face value of the Underlying
Australia’s discretion, be individually tailored to the
Instrument.
requirements of the parties to the contract – you and
eToro Australia. ● CFDs are typically low margin, high leveraged investment
● You have no right or obligation to acquire the You should be prepared for greater risks from this kind of
Underlying Instrument itself. leveraged derivative, including being liable to pay eToro
Australia more Margin and your Account’s Margin
2.2 Key Benefits of our CFDs Requirement changing rapidly in response to changes (e.g., in
the market for the Underlying Instrument).
● Our CFDs enable you to take a trading position with an
exposure to a particular Underlying Instrument ● Loss of your moneys – Your potential losses on (long or
without needing to buy or sell the actual full value of the short) CFDs may exceed the amounts you pay (as Margin) for
Underlying Instrument. the contract or amounts we hold on trust for you.
● Relatively low transaction costs mean CFDs are a cost ● Trust moneys are withdrawn to pay for the CFDs for the
effective and convenient way of gaining exposure to Realised Loss – The money that you pay into the eToro
- the Margin required by eToro Australia to cover ● Market Volatility – Financial markets are subject to high
any payments for Realised/Unrealised Loss on volatility causing rapid price fluctuations. This is primarily
other positions in your Account; and due to external influences and unforeseen events. This
affects prices and spreads of CFDs.
- any Margin required by eToro Australia to cover
adjustments for any foreign exchange rate; and ● System Risk – Operational risk is inherent when trading
online. Disruptions in operational processes such as
- any Margin required before the Margin Closeout communications, computer networks or external events
level is triggered (see section 3.14 under “Margin may lead to trade execution problems.
Requirement obligation” for further information).
● Counterparty risk – you have the risk that eToro Australia
If you do not meet the Margin Requirement for your will not meet its obligations to you under the contract. The
Account, including at little or no notice, some or all of CFDs are not Exchange traded and your client money may be
the CFDs may be Closed Out without notice to you. invested in permitted investments so you need to consider
● eToro FX CFDs which are denominated in foreign the credit and performance risk you have on eToro
currency can expose you to fast and large changes to Australia. This is further explained in Sections 3.21 to 3.24.
the value of your position and to your Account, 2.4 Your suitability
potentially triggering the need for more Margin to be
paid by you, including at short or no notice. We may make an initial assessment of your suitability to invest in
the CFDs based on the information you give us. You should
● eToro Cryptocurrency CFDs can expose you to fast always make your own assessment of your suitability to deal in
and large changes to the value of your position and to our CFDs. You should carefully consider the features of CFDs and
your Account, potentially triggering the need for more their significant risks before investing in them.
Margin to be paid by you, including at short or no
notice. These CFDS have other risks, such as possible Some key suitability considerations for you are:
delays in closing out due to underlying illiquidity, or
● whether you have experience in trading in the Underlying
volatility or early close out due to up to the underlying
Instrument;
cryptocurrency.
● whether you understand the terms of our CFDs and how
● Gapping Risk – The term ‘gapping’ refers to a situation they work;
where a CFD opens at a much higher or lower price
than the previous close. In currency trading ‘gapping’ ● whether you accept a high degree of risk in trading in these
typically occurs when the currency re-opens for trading CFDs;
after a weekend. When ‘gapping’ occurs, you may not ● whether you can monitor your investments and manage
be able to exit an existing position at the price you them in a volatile market;
have specified; instead, your Order may be filled at the
● whether you have financial resources to provide more
next best price that may be better or worse.
Margin, especially on little or no notice; and
● Execution Risk (Slippage) – We aim to provide the
● whether you can bear substantial losses that might arise
best possible execution from our systems and fill
from trading in these CFDs, especially the potentially for
Orders at the requested rate; however, there may be
unlimited losses.
times where, due to an increase in volatility or volume
or other market conditions, some price ‘slippage’ may Our assessment of your suitability is based on your information
occur. This generally occurs during significant news and any other information we ask and you give us.
events or ‘gapping’. Execution is also subject to
During the Account establishment process, you will be required to
available liquidity in the Underlying Instrument. Your
complete a questionnaire regarding the CFDs. We can only
Orders may not be filled due to the Underlying
establish your Account after you have successfully passed the
Prices are only quoted for eToro FX CFDs and can only
be traded during the open market hours during which
the foreign currency is traded.
ASIC has adopted benchmarks for over-the-counter derivatives that include eToro Australia CFDs.
The benchmarks are not mandatory and are not law. ASIC has introduced them by way of stating, in Regulatory Guide 227 (RG
227), ASIC’s expectations. Not meeting the benchmarks is not an indication of breaches or failures. Rather, the benchmarks in RG
227 also require prominent disclosure in a PDS as to whether an issuer meets the benchmarks or, if not, the reasons why they are
not met are explained in the PDS.
The following table summarises the benchmarks as eToro Australia applies them to our OTC CFDs, and whether eToro Australia
meets them and, if not, why not.
The table also refers you to other Sections of this PDS for more information on relevant topics (to avoid duplicating the information
in this PDS).
If an issuer meets this benchmark, the PDS should ● eToro Australia discloses in its PDS its hedging activity and risk
provide the following explanations: mitigation (see Section 3.22).
● a broad overview of the nature of hedging ● This PDS complies with the requirements to include information
activity the issuer undertakes to mitigate its about the significant risks associated with the CFDs (see Section 4)
market risk, and the factors the issuer takes and provides an explanation of the counterparty risk associated
into account when selecting hedging with CFDs (see Sections 3.21 to 3.24).
counterparties; and
● This PDS explains that, if eToro Australia defaults on its
● details about where investors can find the obligations, investors may become unsecured creditors in an
issuer’s more detailed policy on the activities it administration or liquidation.
undertakes to mitigate its counterparty and
market risk, and the names of any hedging
counterparties.
eToro Australia has a clear policy in relation to Margin and our rights
7. Margin calls
to Close Out positions.
If an issuer meets this benchmark, the PDS
eToro Australia’s margin practice is an automated process via the
should explain the issuer’s policy and margin call
eToro Trading Platform by which the platform automatically posts
practices.
warnings to the Account if you do not maintain the Margin Cover
levels.
A CFD is opened by buying a contract, corresponding with Cost = (quantity x Spread): (1,000 x 0.0004) = USD 40 cents
either buying (going long) or selling (going short) the eToro Australia’s Bid/Ask prices are set by eToro Australia and
Underlying Instrument. You go “long” when you buy a CFD so these prices may not be the same as those quoted in the
corresponding with buying the Underlying Instrument in relevant underlying market. Please be aware that eToro
the expectation that the price of the Underlying Australia does not act as your agent to find you the best
Instrument to which the CFD relates will increase. prices.
You go “short” when you transact in CFD contract
eToro Australia offers prices based on its market 3.8 Distributions and Corporate Actions
making pricing model.
eToro Australia has a discretion to adjust your Account in
eToro Australia does not draw on and use client moneys respect of a dividend, takeovers and Transformations
paid into the eToro Australia client moneys trust account (including events such as share consolidations/splits,
for hedging with its Hedge Counterparty. eToro Australia acquisitions, mergers, takeovers, spinoffs, MBOs, de-listings,
uses funds from its operating account for this purpose. etc.) attributable to any Underlying Instrument, or a security
Generally, although the prices of CFDs on the eToro which is in an index used as the Underlying Instrument. We
Trading Platform are competitive, you should be aware are not obliged to make any adjustment at all or, if we do, any
that eToro Australia is acting as principal to you and so is kind or degree of adjustment.
responsible for setting the prices of opening and closing
We will decide and calculate any adjustment (net of any taxes
CFDs and eToro Australia does not act as your agent to
and the timing of the adjustment to your CFDs). If we make
find you the best prices.
an adjustment, we will while we always retain an absolute
3.6 Electronic Trading Platform discretion, we may have regard as we think appropriate to
have regard to market practice and take into account the
Your Account gives you access to the eToro Trading treatment we receive from our Hedge Counterparties or any
Platform. This arranged by eToro Australia from its relevant third party.
affiliate. Please note that all of your dealings with eToro
CFDs are only with eToro Australia as principal in the eToro Australia may elect to close a position (without prior
transaction with you. notice to you) if an adjustment event occurs and it determines
that it is not reasonably practicable to make an adjustment.
We do not accept telephone or other voice Orders.
eToro Australia may also elect to close an eToro Australia CFD
All of the CFDs issued pursuant to this PDS will use the if the eToro Australia CFD’s Underlying Instruments are the
eToro Trading Platform. subject of a take-over offer, scheme of arrangement or other
mechanism for change in control, prior to the closing date of
We will try to use our best efforts to make the Trading
the offer.
Platform available when you access them; however, we
cannot give an absolute assurance or guarantee that the If the CFDs relate to an index, and a share (which is a
Trading Platform will be available on a continuous basis constituent of the index) goes ex-dividend, then typically an
due to systems maintenance, system failures and other adjustment will be made automatically to the index level (by
related technological or external factors. the index provider) to reflect this dividend.
You must carefully read and follow the operational rules eToro Australia has discretion whether to make an adjustment
for the Trading Platform. The Trading Platform from time at all and, if it does, for an amount for the divided (whether for
to time may impose special operating rules including but a weighted proportion of the dividend or otherwise), being an
not limited to: amount to be credited to your Account in respect of your long
positions and debited from short positions. Whether the
● posting Margin (such as when payment is required
adjustment is at all or its amount and timing remains in the
and when the payment is effective);
discretion of eToro Australia.
● how Margins are calculated (such as automatic
adjustments outside of trading hours, including at Any adjustment will be uniformly applied across all relevant
the weekend); and positions at the time. Please contact eToro Australia if you
have any queries on whether the adjustment will be made to a
As a holder of a CFD, if the CFD’s Underlying Moneys paid by you to eToro Australia for the CFDs are initially
Instrument is a share or other voting security, you do deposited into a trust account maintained by eToro, which is
not have rights to vote, attend meetings or receive referred to in this PDS as the “eToro Australia client moneys
the issuer’s reports, nor can you direct eToro trust account”. You make your deposit by using BPay®,
Australia to act on those rights. Other benefits such electronic or telegraphic transfer, by cheque, credit card or
as participation in shareholder purchase plans or other means approved by us.
discounts are also unavailable. eToro Australia only permits clients to trade on cleared funds.
3.11 Payments and Client Moneys eToro Australia recommends that when credit cards are used
as an account funding method that no more than $1,000 is
Here is an explanation of payments you make for our used as an initial payment; however, we do not enforce this
CFDs. policy since we believe that the capping of a one-off payment is
A. Establishing a Position not likely to act as a protective measure. We do however
reiterate that when dealing in CFDs you may incur a loss which
Before you transfer any money to eToro, you should is far greater than the amount that you have paid and advise
carefully consider how your money will be held and that you not only take this into account when you are using a
used and the risks to you of paying money to eToro credit card to make the first ever deposit into your Account,
Australia. but also for all subsequent deposits.
You should be aware that, generally, for trust (c) a deposit at interest with an Australian ADI;
accounts such as the eToro Australia client moneys (d) for the acquisition of cash management trust interests;
trust account:
(e) securities issued or guaranteed by the Commonwealth or
● Individual Clients do not have separate or a State or Territory;
segregated accounts.
(f) as deposit with a licensed clearing and settlement facility.
● All Clients’ moneys are combined into one account.
In this case, all earnings relating to such investments will be
● Moneys and other assets in the trust account retained by eToro Australia. The realization of any investment
that belong to non-defaulting Clients are may result in the automatic roll-over of the relevant capital into
potentially at risk of being withdrawn and not an equivalent product, or into another investment type listed
being re-paid to the Client even though they did above, or to the money being returned to the client money
not cause the default. trust account. Where any losses occur in relation to one of the
eToro Australia is entitled to retain all interest investment types listed occurs, eToro Australia shall refund
into the Trust Account any shortfall amount. No fee will be
earned on the money held in the eToro Australia
charged by eToro Australia in relation to such investment.
client moneys trust account.
In practical terms, when you make a payment which is
3.12 Client Money Rules deposited into the eToro Australia client moneys trust account,
you are making payments held as Margin for your CFDs which
eToro Australia will deal with client moneys in may be withdrawn to be paid entirely to eToro Australia for any
accordance with the Client Money Rules. In short, in Realised Loss or for fees, charges and costs which you owe to
relation to withdrawals from the eToro Australia us.
client money trust account, the Client Money Rules:
3.13 Margin payments
1. limit (or in many cases, prohibit) a financial
You must pay the Initial Margin before the CFD is issued to
services licensees’ (including eToro
you. You must then maintain the minimum amount of Margin
Australia’s) entitlement to withdraw client
Cover required by us. Separately, you must pay any Variation
moneys from its client money trust
Margin when we require.
account:
To pay Margin you must first deposit the funds into the eToro
● for the licensee’s use for working capital;
Australia client money trust account. Your payment is only
● for the licensee meeting obligations effective when we receive your cleared funds and we credit
incurred by it other than on behalf of your Account to reflect the Margin payment.
the client; and
Here are the key features of Margining that are explained
● for the purpose of the licensee entering further in this section:
into, or meeting obligations under,
transactions that the licensee enters ● You are liable to meet all calls for Margin for your
into to hedge, counteract or offset the Account.
risk to the licensee associated with a ● When you have CFDs, you are also liable to meet all
transaction between the licensee and Margin calls for additional payments to eToro Australia.
the client; and
● This Margin call obligation is in addition to your
2. impose record-keeping, reconciliation and obligation to maintain the minimum required Margin
reporting obligations on licensees that Cover for your Account.
hold “derivative retail client money”.
● There is no limit as to when you need to meet your
eToro Australia does not use client moneys paid into Margin calls, how often or the amount of the Margin calls.
the eToro Australia client moneys trust account for
margining, guaranteeing, securing, transferring, ● The timing and amount of each Margin call will depend on
adjusting or settling dealings in derivatives. Instead, movements in the market price of the open positions, the
eToro Australia uses funds movements in the market price of the Non-margin
● a combination of the above. As at the date of this PDS, Accounts can be funded by credit
card, electronic funds transfer and other methods permitted
If the actions taken are not sufficient to maintain the from time to time. Our available payment methods can be
Margin Cover to meet the Margin Requirement then you found on our website.
risk some or all your positions being automatically Closed
Out. 3.16 Valuation
Under the Financial Product Terms, your obligations arise During the term of our CFDs, eToro Australia will determine
from the time you have an Open Position. If the market the value of your entire Account, based on the value of the
moves so as to increase the Margin Requirements, or CFDs and all other Open Positions in your Account. The values
eToro Australia increases the Margin Requirement, you of your CFD positions may be adjusted to reflect the positions
immediately owe the increased amount of the Margin being marked to market when the market or Exchange for the
Cover, regardless of if or when we contact you to pay relevant Underlying Instrument is open.
more Margin. Your obligation to maintain the Margin 3.17 Order Types
Cover to meet the Margin Requirement remains at all
times, whether or not we contact you and whether or not Different types of Orders are available on the eToro Trading
you log into your Account. Platform when you log in. The following are examples of Order
types that may be available to you.
You will be required to provide the required Margin Cover
whether or not you receive a Margin call. In other words, Important notice about this section
you are responsible for monitoring your positions and When you request one of the types of Orders described in this
providing the required level of Margin Cover. You might
section, we have discretion whether or not to accept and
receive notice about Margin Cover requirements by email,
execute any such request. We will, at our discretion, accept or
SMS messages or, when you access your Account via the
reject any Orders.
eToro Trading Platform, by messages on your screen, but
you need to provide the Margin Cover whether or not you The price at which we accept an Order to trade will generally
get that notice from us (including through the eToro be based on filling the full volume of the Order in one
Trading Platform). Transaction if possible.
The values of your CFD positions are ordinarily marked to The type of Orders and how they may be filled, if at all, might
market on a continuous basis, which automatically leads depend on the rules of the Exchange where the Underlying
to corresponding changes in Margin Cover requirements Instruments are being traded or our compliance and
for your Account. At weekends or at other times when operational filters and configurations. For some CFDs which
trading on the Exchange relevant to the Underlying you choose to deal in, there may be a minimum trade value or
Instrument is closed, some Margin Cover requirements other restrictions (e.g., pricing) that relate to a particular
automatically increase. You should note that if the market.
underlying market is not trading then the value might not References to Orders being filled immediately or positions
change until the market re-opens and there might be a being Closed Out immediately or automatically refer to
gap in prices/values at the time of re-opening. processing of Transactions as soon as practical in the ordinary
Your Margin defaults course of electronic processing, and subject to compliance and
A Market Order is executed immediately when placed All stop-loss orders are subject to agreement by us, so
(subject to the usual filters and discretions held by eToro you cannot be assured that you will always be able to have
Australia). It is priced using the current spot, or market a stop- loss order. While eToro Australia has absolute
price, of the Underlying Instrument. discretion whether to accept a stop-loss order, it will
generally try to do so, subject to market conditions,
A Market Order, once executed, immediately becomes an compliance and operational configuration and the
Open Position, so is subject to fluctuations in the market. reasonableness of your stop-loss order.
This means that should the market move against you, the
value of your Open Position deteriorates – this is an Your Order may be unreasonable if, for example, the level
Unrealised Loss. If you were to close the position at this you have specified is too far away from the market price,
time, you would realise the loss and after that, your the Underlying Instrument or trading in the Underlying
Account Balance would be updated to include the revised Instrument has been halted or suspended on the market.
values. Even if we accept your stop-loss order, market conditions
Take Profit Order may move against you rapidly. It is possible that you may
receive the best available price on the market, which is
A Take Profit Order automatically closes an Open Position worse than the one you have requested from eToro
when the price reaches your specified Take Profit Order Australia. A gap in market prices reflects the market for
price. Take Profit Orders are used to lock-in profits when the CFDs, so can occur for any reason, without any
you are unavailable to monitor your Open Positions. apparent reason or at any time.
For example, if you are long USD/JPY at 109.62 and you
Order duration
want to take your profit when the rate reaches 110.00,
you can set this rate as your Take Profit Order. If the Ask Orders will remain in effect until either it has been
price reaches 110.00, the Open Position is closed by the cancelled by you or us; executed by us; or we no longer
eToro Trading Platform and your (gross trading) profit on quote the CFD which your Order was placed over.
that closed position is established. Your Transaction is
Typically, eToro Australia offers one main Order duration,
closed at the current market rate. In a fast-moving
“Good until cancelled”. This is an Order that you have
market, there may be a gap between the current market
placed that will remain in effect until it is cancelled by you
rate and the rate you set as your Take Profit Order.
(or us).
Clients should be aware that some practices in placing Although there are no specific limits on eToro Australia’s
Orders can constitute, or be involved in, market discretions, eToro Australia must comply with its
manipulation or creating a false market which is conduct obligations as a financial services licensee to act efficiently,
prohibited under the Corporations Act or under other honestly and fairly.
countries’ laws. eToro Australia has policies and The amount of any gross profit or loss you make on a
procedures to manage attempts to use Orders and the position will be based on the difference between the
eToro Trading Platform to engage in or be involved in, amount paid for the position when it is issued (including
illegal or otherwise unacceptable market conduct. fees and charges) and the amount credited to your Account
It is the Client’s responsibility to be aware of unacceptable when the position is Closed Out (including allowance for
market practices and the legal implications. A Client may any fees, costs and charges).
be liable for penalties to regulators such as ASIC or be 3.21 Counterparty Risk
liable to eToro Australia for costs to eToro Australia
arising out of those trading practices of the Client, which When you deal in our CFDs, you have a counterparty risk
lead to the Client, eToro Australia or any other person with eToro Australia. Because you are dealing with eToro
suffering loss or penalty. Australia as counterparty to every transaction, you will
have an exposure to us in relation to each transaction if
3.20 Closing a position we are not ready, willing or able to meet our obligations,
Our CFDs do not have an expiry date (unless specified for example, if eToro Australia were to become insolvent.
through the eToro Trading Platform). They remain open You should satisfy yourself that eToro Australia is able to
until they are Closed Out. With most CFDs, you can hold meet its obligation to you. You can assess eToro
the position for as long as the eToro Trading Platform Australia’s financial ability to meet its counterparty
permits. This may be for less than a day, or for months. obligations by reviewing its financial statements.
If you wish to close an Open Position, you enter a new You are reliant on eToro Australia’s ability to meet its
position that is equal and opposite to the Open Position. counterparty obligations to you to settle the relevant
To close a ‘bought’ or ‘long’ position - you sell. To close a contract. eToro Australia limits this exposure by hedging
‘short’ or ‘sold’ position - you buy. its exposure to its clients by entering into opposite
At the time that the positions are closed, the eToro transactions as principal in the wholesale market in
Trading Platform will calculate the remaining payment relation to its exposures with clients. eToro Australia is
rights and obligations to reflect movements in the then exposed to counterparty risk with that hedging
Contract Value since the previous business close party.
(including any other credits/debits). Because you enter a Please note that eToro Australia does not use client
position to Close Out the existing position, there may be a moneys to hedge any of its positions with its Hedge
fee on the position used to close the position – see Counterparty. Those positions are funded by eToro
Section 5. Australia’s operating account. eToro Australia will
To provide the CFDs to you in an efficient and low- withdraw your client moneys to pay amounts to which it
cost manner, eToro Australia has discretion in is entitled, and pay moneys into the eToro client moneys
determining closing prices. In general, without limiting trust account for your benefit, following revaluations of
eToro Australia’s discretion, it should be expected that your Account (as explained in this PDS).
eToro Australia will act reasonably and have regard to An account with eToro Australia is not insured or guaranteed
a range of relevant factors at the time, the closing by the Australian government or any other entity.
price of the Underlying Instrument for the position,
Loss from Leverage: You may choose to trade CFDs with leverage that can lead to large losses as well as large gains.
The high degree of leverage offered in our products can work against you as well as for you. The
leveraged nature of the eToro Australia CFDs gives a moderate to high risk of a loss larger than
the amounts you pay eToro Australia as Margin. It can also cause volatile fluctuations in the
Margin Requirements.
You can minimise the risk of losses on positions by monitoring your Open Positions and Closing
Out the positions before losses arise.
Client moneys may be The money which you pay into the eToro Australia client moneys trust account may be
withdrawn to pay eToro withdrawn to pay eToro Australia moneys to which it is entitled. This includes amounts for any
Australia: Realised Losses as well as for any fees, charges and costs.
Those moneys withdrawn to pay eToro Australia are eToro Australia’s moneys (and are not held
for you), reducing the amount of moneys held in the eToro Australia client money trust account
held beneficially for you.
Client moneys held in The money which you pay into the eToro Australia client moneys trust account may be used to
Margin risk: You must be able to pay to eToro Australia the amount of required Margin as and when required,
otherwise some or all your Transactions may be Closed Out without notice to you.
Margin Requirements are highly likely to change continuously, in line with market movements in
the Underlying Instrument.
You should be aware that there is a high risk of Margin Requirements changing and at times, very
rapidly. There is a moderate to high risk that if the market value of the Underlying Instrument
moves rapidly against you, you will be required to pay more Margin without eToro Australia
giving you notice of that.
You can minimise your risk of losing your positions after failing to meet Margin Requirements by
carefully selecting the type and amount of CFDs to suit your needs, having risk management
tools in place (such as placing stop loss orders, limit orders or any other Order permitted by
eToro), monitoring the positions, maintaining a prudent level of cash balance in your Account
and providing sufficient Margin within the time required by eToro Australia. Please see Sections
3.13 to 3.15 for further information about Margin.
Foreign exchange risk: Foreign currency conversions required for your Account (see section 6 for a further description)
can expose you to foreign exchange risks between the time the Transaction is entered into and
the time the relevant conversion of currencies occurs.
Foreign exchange markets can change rapidly. This exposes you to potentially adverse changes in
the value of your Account, which can be large (depending on foreign exchange rates) and volatile.
This will directly affect the value of a position.
Counterparty risk on You have the risk that eToro Australia may not meet its obligations to you under the CFDs. The
eToro Australia: CFDs are not Exchange traded so you need to consider the credit and related risks you have on
eToro Australia.
eToro Australia believes that your counterparty risk on eToro Australia is low, especially due to its
feature of paying moneys into the eToro Australia client moneys trust account if there is any
Realised Profit on your Account and due to its Margin policy and risk management which it
implements for the benefit of Clients.
eToro Australia also believes that your counterparty risk is reduced by the additional feature of
eToro Australia not using client moneys to hedge any of its positions with its Hedge
Counterparty. Those positions are funded from eToro Australia’s operating account.
You can minimise your counterparty risk on eToro Australia by limiting the amount you pay
eToro, dealing prudently and requesting payment to you of any surplus in your Account which is
not required for prudent Margin Cover management; however, this approach may increase your
Margin Cover risk, resulting in all of your positions being Closed Out. Please see Sections 3.21 to
3.24.
Cryptocurrency CFD risks: The prices available for cryptocurrencies fluctuate significantly on any given day and over
time (so your eToro Cryptocurrency CFDs pricing will also fluctuate as significantly and as often).
There is no regulated market for cryptocurrencies. This affects the pricing, liquidity, integrity of
the markets and any exchange used for dealing in the cryptocurrencies which are the Underlying
Instruments. Exchanges offering pricing for cryptocurrencies have little or no regulation or
protections for users of them. Exchanges may be partly centralised, decentralised or some other
combination of order book facilities. These factors affect the pricing, liquidity and cost of
transactions in cryptocurrencies, which can correspondingly affect the pricing of eToro
Cryptocurrency CFDs.
Cryptocurrencies rely on a number of key factors which are not present in other Underlying
Instruments, software for the cryptocurrency, nodes and mining of cryptocurrencies. These are
technical features which are outside the scope of this PDS so you should be familiar with the key
It is possible that some cryptocurrencies may become worthless, leading to your eToro
Cryptocurrency CFDs becoming worthless.
Here is more information about those risks may arise due to the features of our CFDs. Please
note that this PDS does not disclose all of the risks of cryptocurrencies.
eToro Australia does not own or control the underlying software protocols which govern the
operation of cryptocurrencies available as Underlying Instruments for eToro Cryptocurrency
CFDs for trading in our platform. In general, the underlying protocols are open source and
anyone can use, copy, modify, and distribute them. There is no guarantee of their functionality,
security, or availability. The underlying protocols are subject to sudden changes in operating
rules (forks) and other events and transformations, and that such forks, transformations and
other events may materially affect the value, function or even the name of the cryptocurrency.
eToro Australia may, in its sole discretion, temporarily suspend access to CFDs with that
cryptocurrency as the Underlying Instrument; decide not to support (or to cease supporting) the
forked protocol entirely or the cryptocurrency resulting from such event; or to delay offering
CFDs, which means you would not be able to Close Out any Open Positions. In our sole discretion
we may decide (but for avoidance of any doubt we are not obliged to do so) to adjust your
Account in respect of a fork or other event depending on the circumstances of each event
attributable to any specific cryptocurrency. eToro assumes absolutely no responsibility
whatsoever in respect of an unsupported branch of a forked protocol or the cryptocurrency
resulting from such event.
If at any time any of the cryptocurrencies that is an Underlying Instrument for your CFD is
delisted or we no longer support the cryptocurrencies for any reason, then the applicable CFD
may be immediately closed. If eToro is notified that a cryptocurrency which is the Underlying
Instrument for your CFD which you hold in your Account is likely to be delisted or removed or
cancelled from any of the exchanges (some of them or all) and eToro Australia believes that it (or
its Hedge Counterparty) will not be able to trade in such cryptocurrencies, or if there is another
significant disruption to a market for a cryptocurrency or the cryptocurrency itself is subject to a
significant disruption, then eToro Australia may exercise its discretions to adjust the pricing or to
terminate the eToro Cryptocurrency CFD. It will do so in accordance with its obligations and
duties, acting reasonably for the market as a whole, without having to consider any particular
client.
Under certain market conditions, you may find it difficult or impossible to liquidate a CFD
position. This can occur, for example, when the market reaches a daily price fluctuation limit
(“limit move”), if there is insufficient liquidity in the market.
eToro Cryptocurrency CFDs should be seen as a medium to high risk investment. You should
never invest funds that you cannot afford to lose. The maximum leverage provided on
Cryptocurrency CFDs is 2x.
Given the foregoing, cryptocurrencies are not appropriate for all investors. You should not deal in
these CFDs unless you have the necessary knowledge and expertise, you understand these
products’ characteristics and your exposure to risk. You should also be satisfied that the product
is suitable for you in light of your circumstances and financial position.
The risk of loss in trading eToro Cryptocurrency CFDs can be substantial. You should, therefore,
carefully consider whether such that you may sustain a total loss of the funds in your Account. If
the market moves against your position, you may be called upon by us to provide a substantial
amount of additional Margin, on short notice, in order to maintain your position. If you do not
provide the required funds within the time required by us, your position may be liquidated at a
loss.
eToro Australia currently allows trading in eToro Cryptocurrency CFDs over the weekend, though
it may stop that at any time and from time to time. Given that cryptocurrency exchanges might
operate over weekends, there can be a significant difference between Friday’s close and Sunday’s
You can manage these risks by only investing in eToro Cryptocurrency CFD if you are experienced
in the cryptocurrency, you manage your exposure by limiting your exposure, placing appropriate
orders and carefully and frequently monitoring your Open Positions.
Since your Margin Cover requirements for eToro Cryptocurrency CFDs may be large, and may be
increased over the weekend, you can help to mange your risks by carefully considering the
amount of Margin you have in your Account, the risks of all of your Open Positions and your
capacity to trade or to provide more Margin Cover immediately, even outside of banking
payment hours.
You should consider these other significant risks involved in our products:
Market Risk: Financial markets can change rapidly; they are speculative and volatile. Prices of currencies
depend on a number of factors including, but not limited to, commodity prices or central bank
decisions, interest rates, demand and supply and actions of governments.
Our products are highly speculative and volatile. There is a high risk that market prices may move
such that the Contract Value of the position on closing can be significantly less than the amount
you invested in them.
There is no guarantee or assurance that you will make profits, or not make losses, or that
unrealised profits or losses will remain unchanged.
You can reduce your risk by understanding the market relevant to the CFDs, monitoring your
positions carefully and closing your Open Positions before unacceptable losses arise.
Not a regulated market: The financial products offered by eToro Australia are derivatives and are not covered by the rules
for Exchange-traded CFDs. For example, trading on the ASX is governed by rules applicable to
brokers and generally has the benefit of a guarantee system known as the National Guarantee
Fund which provides protection from fraud or misconduct by brokers in connection with certain
ASX trades. The ASX rules and the National Guarantee Fund do not apply to trading in our CFDs.
Over-the-counter derivatives, such as the CFDs, by their nature may not at times be liquid
investments in themselves. If you want to exit the position, you rely on eToro Australia’s ability to
Close Out at the time you wish, which might not match the liquidity or market price of the
Underlying Instrument.
You can reduce your risk by carefully reading this PDS, the Financial Product Terms and taking
independent advice on the legal and financial aspects relevant to you.
Market disruptions: A market disruption may lead to you being unable to deal in our financial products when you
wish, and you may suffer a loss because of that. This is because the market disruption events
which affect the Underlying Instrument will also affect the contract positions on the same or very
similar basis.
Examples of disruptions include the “crash” of a computer-based trading system, a fire or other
Exchange emergency, or an Exchange or government regulatory body declaring an undesirable
situation has developed in relation to series of CFDs or a trade, and suspends trading in those
CFDs or currencies or cancels that trade.
You can attempt to minimise the effect of market disruptions by obtaining information released
by the market relevant to the position and acting after the event as appropriate (if any) to the
position held, such as Closing Out because the values have significantly changed since before the
event.
Orders and gapping: It may become difficult or impossible for you to Close Out a position. This can happen, for
example, when there is a significant change in the Contract Value over a short period. There is a
moderate to high risk of this occurring.
You should consider placing Stop Loss Orders or other Orders that might limit your losses, if such
Orders exists at the time you opened your position, but also closely monitor your Account and the
relevant market in case the Stop Loss Order is not fully filled or not filled at all and you need to
take further action to limit your losses. For further information, see the description on “Stop-Loss
Orders” in Section 3.17.
Auto liquidation: eToro Australia may without prior notice to you liquidate some or all your Open Positions if the
Account Value balance reaches or falls below the Margin Closeout level applicable to your
Account. This can generate fees and realised losses in your Account.
eToro Australia does not assure you that eToro Australia will act on this right, at any time or in
respect of all or any of your Open Positions. You should not rely on this right to manage your risk
and your obligation to maintain Margin Cover to meet your Account’s Margin Requirement.
The more basic risks to you are that you fail to manage your own Account by maintaining
adequate Margin Requirement, you fail to monitor your Open Positions, you (wrongly) rely on
eToro Australia liquidating your Open Positions or you fail to manage your Open Positions before
the Account Value balance reaches or falls below the Margin Closeout level applicable to your
Account.
You can manage the risk of eToro Australia liquidating some or all your Open Positions, or the risk
of you wrongly relying on eToro Australia to do this, by carefully monitoring your Open Positions,
placing and maintaining prudent Orders (including Stop Loss Orders), if such exists at the time
you opened your position and managing your Open Positions before the Account Value balance
reaches or falls below the Margin Closeout level applicable to your Account.
Cancellation for error: eToro Australia may void from the outset any Transaction containing or based on any manifest
error or a price, or series of prices, which are subsequently determined to be unrepresentative of
the actual market valuation of the Underlying Instrument. This is exercised in our discretion, so
you have risk of a Transaction later being cancelled, whether or not you were aware that there
was an error in the pricing which we later decide has occurred. In the absence of our fraud or
wilful default, we will not be liable to you for any loss, cost, claim, demand or expense following
any such cancelation.
We consider this to be a low risk, since it does not occur often, but it can occur so you can manage
your risk by monitoring the available prices and your Account.
eToro Trading Platform: You are responsible for the way you access the eToro Trading Platform or your other contact with
eToro Australia. If you are unable to access the eToro Trading platform, you will be unable to
trade in our CFDs (including Closing them Out) or you might not be aware of the current Margin
Cover and Margin Requirement and so you may suffer loss (and liable to pay fees) as a result.
eToro Australia may also suspend the operation of the eToro Trading Platform or any part of it,
without prior notice to you. Although this is considered a low risk since it would usually only
happen in unforeseen extreme situations, eToro Australia has discretion in determining when to
do this. If the eToro Trading Platform is suspended, you might have difficulty contacting eToro,
you might not be able to contact eToro Australia at all, or your Orders may not be able to be
executed at prices quoted to you.
There is a moderate to high risk that eToro Australia imposes volume limits on Client Accounts or
limits or filters on dealing in particular CFDs, which could prevent or delay execution of your
Orders, at your risk.
You have no recourse against eToro Australia in relation to the availability or otherwise of the
eToro Trading Platform, nor for technological or software errors or limitations.
Market: The rules of the relevant market (if any) or Exchange govern the trading in the Underlying
Instrument and so might indirectly affect your dealing in the CFDs.
All the rules (if any) of each relevant market or Exchange may be relevant to the CFDs, so you
Conflicts: Trading with eToro Australia for its OTC CFDs carries an automatic risk of actual conflicts of
interests because eToro Australia is acting as principal in its positions with you and eToro
Australia sets the price of the CFDs and also because it might be transacting with other persons,
at different prices or rates, or eToro Australia might be dealing with market participants in relation
to its exposure to you or to any aspect of all of its Clients’ Accounts.
You can monitor eToro Australia’s CFD pricing compared with other CFDs which have comparable
terms and by monitoring the underlying market.
Valuations: eToro Australia decides the values of its financial products issues to you. Typically, this is by some
reference to (but not automatically solely derived from) the market value (or, if relevant, index
level) of the relevant Underlying Instrument on the relevant market which in turn affects the price
quoted by any relevant Hedge Counterparty to eToro Australia. eToro Australia does not commit
to providing prices directly from a market.
If the market fails to provide that information (for example, due to a failure in trading systems or
data information service) or trading in the Underlying Instrument is halted or suspended, eToro
Australia determines its value based only on its own information (not market pricing).
Due to the nature of our financial products, eToro Australia’s discretion is unfettered and so has
no condition or qualification.
While there are no specific limits on eToro Australia’s discretions, eToro Australia must comply
with its obligations as a financial services licensee to act efficiently, honestly and fairly. You
therefore have the risk of relying on whatever value is determined by eToro Australia in the
circumstances permitted by the Financial Product Terms.
Regulatory Bodies: A Client may incur losses that are caused by matters outside the control of eToro Australia. For
example, actions taken by a regulatory authority exercising its powers during a market emergency
may ultimately result in losses to the Client because of the effect of those actions on the
Underlying Instrument and so, will affect the terms of the Client’s contract (with or without any
decision by eToro).
A regulatory authority can, in extreme situations, suspend trading or alter the price at which a
position is settled, which might lead to changes to the pricing for the Underlying Instrument for
the Client’s position.
eToro Australia’s If you fail to pay, or to provide currency for, amounts payable to eToro Australia or fail to perform
powers on default, any obligation under your Transactions, eToro Australia has extensive powers under the Financial
indemnities and Product Terms to take steps to protect its position.
limitations on liability:
For example, eToro Australia has the power to Close Out positions, to decide whether to accept
Orders or to execute them and to determine the rates of interest it charges. Additionally, under
the Financial Product Terms, you agree to indemnify eToro Australia losses and liabilities,
including, for example, in default scenarios.
Although these powers, limits on the liability of eToro Australia and the indemnities you give to
eToro Australia are extensive and potentially expose you to significant risks, eToro Australia must
comply with its obligations as a financial services licensee to act efficiently, honestly and fairly.
You should read the Financial Product Terms carefully to understand these matters.
Operational Risk: There is always operational risk in the CFDs. For example, disruptions in operational processes
such as communications, computers and computer networks, or external events may lead to
delays in the execution and settlement of a Transaction.
We might not be liable to you if losses arise owing to delays, errors or failures in operational
processes outside our control, including but not limited to faults in the eToro Trading Platform or
in the provision of data or services by third parties.
eToro Australia provides Negative Balance Protection for your Accounts. This means that at all times, your maximum potential loss
If you choose to deposit funds with us, including additional funds in response to a Margin Call or otherwise, then these amounts
will be included as part of your Account balance, and the risk of potential loss will be all of your Account balance at the time
including these additional amounts. On the other hand, if you receive a Margin Call and choose not to deposit additional funds to
satisfy the Margin Call, then your Account balance will not include the amount you would have needed to deposit with us in order
to satisfy your Margin Requirements. However, in such instances, we may exercise our rights to close any or all of your open
Contracts.
We encourage you to visit our Trading Platform to • any risk limits or other limits or filters we impose on your
see how the Transactions work and their specific Account or your trading;
fees, charges and costs. Our demonstration account
• determining Margin Cover and Margin Requirements,
is a free way to see and learn examples.
especially the amount of Initial Margin, and any grace time to
meet any changed Margin Requirement;
Section 6 – General
• determining values of Underlying Instruments (for opening
Information and closing positions and for determining Margin Cover);
• risk management policy (to the extent it applies to Funding your Account by credit card has additional risks and
Clients, hedging and Hedge Counterparties); and costs for you. By using that payment method, you effectively
would be doubling your leverage by taking credit from your
• conflicts of interests’ management policy
credit card account and dealing with leverage on your Account.
6.4 Anti-Money Laundering Laws This can add to the risks and volatility of your positions as well
as potentially higher interest costs on your credit card account.
eToro Australia is subject to anti-money laundering
and counter-terrorism financing laws (AML laws) that If you lose on your CFDs, you might not have other financial
can affect the CFDs. If your Account is established, resources to repay your credit card account, incurring higher
eToro Australia may disclose your personal interest costs and possibly defaulting on your credit card
information and stop or Close Out Transactions on terms.
your Account for the purposes of the AML laws or
Although eToro accepts payments of more than $1,000 from
under eToro Australia’s AML laws, policies and
credit card accounts to fund your Account and for later Margin
procedures, without liability to you for any loss that
payments, please carefully consider whether this payment
arises due to that occurring.
method is suitable for your dealing and limit it to what you can
6.5 About eToro Australia afford.
eToro Australia also provides or arranges the The following summary assumes that the Client will hold the
services of its affiliates to you. This includes the eToro contract on revenue account, i.e. the Client will be carrying on a
Trading Platform and CopyTrading tools. The terms business of either trading or investing in these types of
of these are with the respective service providers, financial products or the Client will enter into the financial
products for profit making purposes (or both). This summary
which are affiliates of eToro Australia domiciled
does not consider the taxation position if you enter into the
outside of Australia and subject to their respective
financial products detailed in this PDS for the purposes of
countries' laws, regulations and (if applicable)
hedging risks associated with other investments held by the
investor protections). Such services are covered by client on capital account.
the following documents:
If you are entering into a contract for the purposes of hedging,
https://www.etoro.com/en/copytrading-authorization/ then the taxation consequences will depend on the nature of
https://www.etoro.com/customer-service/terms-conditions/ the underlying transaction or the asset or liability which is
https://www.etoro.com/customer-service/general-risk- being hedged. It is recommended that you obtain your own
disclosure/ professional taxation advice for this scenario.
Except for fees and charges as set out in this PDS, 2. If your complaint is not satisfactorily resolved, within
amounts payable for or in respect of positions are three (3) Business Days of receipt of your initial
not subject to goods and service tax for Australian complaint, please put your complaint in writing and
residents. Clients should seek their own send it to the Compliance Department at:
independent advice.
Collecting personal information Since eToro Australia is obliged by law to take reasonable
steps to ensure that the personal information used is
In collecting personal information, eToro Australia is accurate, up to date and complete, please tell us
required: immediately if any of the information provided in this
section changes.
• to collect only information which is necessary for
the purpose described above; Retaining personal information
• to ensure that collection of the information is by eToro Australia takes reasonable steps to maintain secure
fair and lawful means; and protection of all personal information obtained from
misuse, loss, unauthorised access, modification or
• to take reasonable steps to make you, the
disclosure.
individual, aware of why the information is being
collected and that you may access the information
held by us.
• the equivalent balance of your Account in the eToro eToro Australia client moneys trust account means the bank
client moneys trust account; account (or any one of several of them) maintained by eToro
Australia as a trust account under section 981B of the
• the Realised/Unrealised Losses and Corporations Act. The moneys held in it beneficially for you are
Realised/Unrealised Profits; credited to your Account.
• indicative costs to Close Out (fees, Finance Charges); and eToro Commodity CFD means an eToro Australia CFD (issued
• the values of Transactions not yet booked. by eToro Australia pursuant to the Financial Product Terms)
whose Underlying Instrument is a Commodity Transaction.
AML Laws means the Anti-Money Laundering and
Counter- Terrorism Financing Act 2006 (Commonwealth) eToro Cryptocurrency CFD means an eToro Australia CFD
and any related regulations, rules and instruments. (issued by eToro Australia pursuant to the Financial Product
Terms) whose Underlying Instrument is a cryptocurrency.
Ask means the price which eToro Australia as the seller is
willing to accept i.e. the price at which you can buy the eToro FX CFD means an eToro Australia CFD (issued by eToro
contract. This is also known as the “offer price”. Australia pursuant to the Financial Product Terms) which
derives an amount calculated by reference to foreign exchange
ASX means the currencies and other Exchanges operated rates.
by ASX Limited.
eToro Index CFD means an eToro Australia CFD (issued by
Australian Dollars or AUD$ means the lawful currency of eToro Australia pursuant to the Financial Product Terms)
the Commonwealth of Australia. whose Underlying Instrument is an index comprised of
securities of issuers listed on an Exchange, typically an index
Balance means the funds or posted credit value available
sponsored or promoted by an Exchange.
in an Account that may be used for dealing in the CFDs.
eToro Share CFD means an eToro Australia CFD (issued by
Base Currency is the first currency quoted in a currency
eToro Australia pursuant to the Financial Product Terms)
pair, for example in the quote AUD/USD, the AUD is the
whose Underlying Instrument is a share or other Exchange-
Base Currency.
traded financial product.
Bid means the price which eToro Australia as the buyer is
eToro Trading Platform means any of the online trading
willing to accept i.e., the price at which you can sell the
platforms provided (or arranged to be provided) by eToro
contract.
Australia for accessing your Account and placing Orders.
Business Day means a weekday which is not a gazetted
Exchange means the relevant market or any other exchange or
public holiday in Sydney
market on which the relevant Underlying Instrument trades or,
CFD means the same as an OTC contract. in the case of an index, to which it relates. It includes
unregulated exchanges for cryptocurrencies.
Client refers to the person who has an Account with
eToro Australia. Finance Charge means a charge payable by you in respect of
your Transaction, in accordance with the Financial Product
Close Out, Closed Out and Closing Out in relation to a
Terms.
Transaction means discharging or satisfying the
obligations of the Client and eToro Australia under the Financial Product Terms means the terms governing both
transaction and this includes matching up the the OTC contracts and your Account with eToro Australia for all
Product Disclosure
eToro Service
ARSN 637 489 466
Responsible Entity
eToro Asset Management Limited,
ABN 51 122 005 396, AFSL 319738
Level 3
60 Castlereagh Street
Sydney NSW 2000
This document is the eToro Service – Product Disclosure Statement (PDS) dated 10 May 2023,
authorised and issued by eToro Asset Management Limited as the responsible entity of the
registered managed investment scheme called the “eToro Service” ARSN 637 489 466.
This PDS offers interests in the eToro Service ARSN 637 489 466, a scheme that is registered with the
Australian Securities and Investments Commission (ASIC) under the Corporations Act.
eToro Asset Management Limited (referred to in this PDS as “Responsible Entity”, “we”, “our” or
“us”) is Responsible Entity of the registered managed investment scheme called the “eToro Service”
ARSN 637 489 466 (also referred to in this PDS as the "eToro Service" or "Scheme”) and the issuer of
this PDS.
The Service is a digital service. Investors, by applying, agree to receive disclosures, reports and
communications in electronic or other digital form.
The information contained in this PDS is general information only and does not take into account
your individual objectives, financial situation, needs or circumstances. You should assess together
with your financial adviser (if any) whether investing through the Scheme is appropriate for you
having regard to your objectives, financial situation, needs and circumstances.
The availability of this PDS in jurisdictions outside Australia may be restricted by law. Persons into
whose possession this PDS comes should inform themselves about and observe any such
restrictions. Failure to comply with the restrictions may violate those laws. The availability of this
PDS outside of Australia or the acceptance of an Application by a person who is, or becomes,
resident outside of Australia does not imply that Responsible Entity is licensed in the relevant
jurisdiction outride of Australia or that this PDS is authorised under the jurisdiction’s laws or complies
with laws applying in that jurisdiction for a comparable disclosure document.
We will make available, upon request (sent by email) and free of charge, this PDS and the Additional
Information Statement by sending an online link to an electronic copy of those documents. You may
contact us using the contact details in the Directory at the end of this PDS.
This PDS discloses the information required for a product disclosure statement. Other important
The information in the AID may change between the time you receive this PDS and the time you
acquire an interest in the Scheme (being the time of establishment of your Account). Please ensure
that you read the AID (if any) which is current as at the time you acquire an Account. You should
consider both this PDS and the AID before deciding to apply for an Account.
The Account Terms are the terms of your agreement to use the eToro Service. From time to time
there may be rules for using the Service, such as the Platform, such as order types. These are not
part of the PDS and may later change in accordance with their provisions. You should consider the
Account Terms and any rules before deciding to apply for an Account.
Updating information
Certain information in this PDS may change. We will notify you of any changes that will have a
materially adverse impact on you or other significant events that affect the information in this PDS
(including by providing you with an online link to further information about the changes).
We may issue a new or supplementary PDS in respect of any changes that have a materially adverse
impact on a retail client’s decisions whether to invest (and provide you with an online link to those
documents).
Current documents, including the PDS and AID (if any) and any other general information relating to
the eToro Service, can be obtained free of charge at any time from the help section of the Platform
or the website at www.etoro.com.au
Not responsible
No associates or subsidiaries of Responsible Entity were involved in the preparation of this PDS or
are responsible for its contents.
eToro entities were involved in the preparation of this PDS and provided consent to the statements
about each of them in the form and context in which they are included; however, no eToro entity is
responsible for the issue of this PDS.
Neither Responsible Entity nor any eToro entity, or any of their associates or subsidiaries, or any
issuer of any underlying investment obtained through the Scheme assures or guarantees the
success of the eToro Service or any particular investment, or the repayment of capital or a particular
rate of return, income or capital.
Neither Responsible Entity nor any eToro entity, or any of their associates or subsidiaries, assures or
guarantees the performance of obligations by any issuer of an underlying investment obtained
By applying for an Account, you confirm that you have received a copy of the current PDS and
Account Terms, that you have read them and agree to be bound by the Account Terms and the
Constitution of the Scheme (each as amended from time to time).
The eToro group of companies provides a leading international trading platform specialising in
capital market investments, which commenced operations in 2007. For more than a decade, eToro
has been a leader in the global Fintech revolution for retail investment in these investments.
eToro entities are regulated by their respective jurisdiction’s regulators, such ASIC, CySEC and the FCA.
For more information on eToro you can visit www.etoro.com.
eToro Service
the eToro Service (also referred to as the Scheme) gives members of the Scheme (we refer to as
Clients) access to the eToro trading platform which has been licensed to Responsible Entity for the
purposes of the Scheme (Platform). The Platform offers Clients a range of short-term and long-term
investment opportunities including Securities Trading.
Since Clients have different risk-appetites, the Platform offers underlying investments varying from
low to high risk. The Platform tools are easy to use, and information about the Scheme is readily
accessible through the Platform.
Since all trading involves risks, and eToro wants Clients to make smart investment decisions, the
Platform offers a wide range of responsible trading features.
eToro Asset Management Limited is Responsible Entity of the Scheme. As Responsible Entity, we
issue interests in the Scheme, and are legally responsible to the Clients of the Scheme for its
operation.
We have appointed eToro entities to provide services for the Scheme, such as licensing the Platform
to us, execution services for any instructions given to us by Clients by the Platform, custody and from
time to time eToro entities will provide support services to assist us in operating the Scheme.
Copy Trading
The eToro group is an international leader in providing various copy trading services, known as Copy
Trading. This service is not yet available through the eToro Service. This PDS does not cover eToro’s
● Investment choice and diversification: when you are a Client (a member of the Scheme), you
have access to Securities Trading on the Platform. This PDS does not cover the other asset
classes which are available on the Platform.
● Online convenience: your instructions to perform many of the Transactions described in this
PDS can be submitted online through your Account. The Platform provides easy access to
information and reporting, including on the current valuation of the overall portfolio of
Assets designated to your Account, and Transactions for each of your investments and cash
holdings.
The Scheme is a registered managed investment scheme in which each member has a separate
Account. In this PDS members are referred to as Clients. The Client’s interest in the Scheme is their
Account. The Assets of the Scheme are designated to the respective Accounts of Clients.
The Securities Trading is available to Clients who have an Account in the Scheme. Applicants may be
required to provide a suitability assessment before they are allowed to use the eToro Service or any
part of it.
The Assets referable to your Account may be held by the Custodian. Records are kept to designate
which Assets are referrable to each Client. Your Assets are also held separately from the assets of
Responsible Entity. Please be aware of two other important features:
● Assets of all Clients may be aggregated when held by any custodian (or sub-custodian). This
means that all assets held by a custodian (or a sub-custodian) are in an omnibus account.
Responsible Entity is responsible for maintaining the records for the segregated Accounts.
For example, the minimum investment in a leading global “exchange traded fund” might be too
large for a Client. The Service can allocate a fractional investment in a minimum parcel to more
The key features of the Scheme are summarised in the table below.
Features Explanation
Scheme objective The purpose of the Scheme is to provide investors with access and
exposure to Securities Trading. The Securities Trading service is intended
to be suitable for investors seeking favourable levels of return over the
long term with low levels of volatility.
You do not have an account with any service provider we use, such as an
eToro entity who provides services to us to help operate the Scheme.
Ownership of All Assets held within the Scheme, including those held for your
Assets Account, are held in the name of the Custodian (unless we choose to
hold funds in a bank account in our name). Please be aware that
holding investments through an Account may have different features
and risks (as set out in this PDS) that do not arise for investors directly
holding their investments in their own name.
Payments and Base Any payments to us can only be made by an electronic fund transfer.
Currency Any amounts we receive prior to opening your Account will be held in
the applications account and will not earn interest.
Leverage and The investments we make on your behalf may attract leverage
margin (if restrictions and margin requirements. You owe us the amounts we
applicable)
owe for the investments we make on your behalf. If you are unable to
meet these requirements we may dispose of or close out these
investments without your approval or that may be done by the service
provider (such as broker or clearing house) for your underlying
investments.
We do not make margin calls (i.e. we will not notify you when you are
required to deposit more margin into your Account). It is your sole
Leverage and The investments we make on your behalf may attract leverage
margin (if restrictions and margin requirements. You owe us the amounts we
applicable)
owe for the investments we make on your behalf. If you are unable to
meet these requirements we may dispose of or close out these
investments without your approval or that may be done by the service
provider (such as broker or clearing house) for your underlying
investments.
We do not make margin calls (i.e. we will not notify you when you are
required to deposit more margin into your Account). It is your sole
responsibility to monitor the money in your Account against your
potential losses, the margin required, and whether your position is
close to your stop level, as we will not notify you when this happens.
Distributions Your Account may be credited with income (including interest income
on cash held in your Account) and dividends from investments through
the Securities Trading service.
Corporate actions The Responsible Entity or Custodian will receive communications relating
to corporate actions affecting the investments held in your Account.
Ordinarily these are on an aggregate basis so they will not be passed
directly onto you. Ordinarily you will not be able to participate in any
corporate actions (which can lead to adverse limitations on your
underlying investments, compared with holding the investments
directly).
we will deal with other corporate actions using our discretion, and in
consultation with eToro entities.
Withdrawals Generally, you can make withdrawals out of your Account at any time
subject to certain limits in the Constitution, Account Terms, any other
rules. If any of your withdrawals are denominated in a currency
other than your Base Currency, we will convert the relevant
amounts to the withdrawal Currency. This will be at rates we
choose and will be subject to a conversion fee.
If your Account is closed, all surplus funds in it will be sent to you (or, if
you are uncontactable, held and dealt with as unclaimed moneys). You
withdraw from the Scheme when your Account is closed.
Reporting Clients can access reports through the Platform about their investment
through the Scheme. Section 7 - of this PDS describes the specific
reports which we provide to Clients on a regular basis.
Through the Platform, we offer you access and exposure to Securities Trading. We invest your money
based on clear investment instructions we receive from you through the Platform. We will only accept
investment instructions from you.
No personal advice is given by Responsible Entity or any eToro entity to you in relation to the
Scheme. You should consult your adviser before applying to become a member of the Scheme (that
is, have an Account) and before you make a selection of any investment.
Dealing in investments for the Scheme will be undertaken by us (including by an eToro entity acting
on our behalf). Dealings may occur on an aggregate, averaged basis across all Accounts within the
Scheme to take advantage of scale and netting opportunities. All investments will be allocated to the
relevant Accounts on a pro rata basis.
We do not take into account labour standards and environmental, social and ethical considerations
when exercising our discretion to execute your investment instructions, or follow to any particular set
of standards. We may consider general factors such as, but not limited to, labour relations, potential
environment impacts and whether a target company has clearly defined code of conduct and ethics
policies.
Investment opportunities
Securities Trading
We offer Securities Trading services which allow Clients to invest in securities and other financial
products (without leverage) through the Platform across a range of asset classes, including shares
and ETFs:
● Shares: you may deal in shares through the Platform by opening a buy (long), non-
leveraged position, which means you are dealing in the underlying asset, and the shares are
held by our Custodian on your behalf.
● Exchange-Traded Fund (ETF): this is a financial product comprising several assets grouped
together to serve as one tradable financial product (sometimes an interest in a fund,
sometimes a right more similar to a share with limited rights). Investing in ETFs by opening a
buy (long), non-leveraged position, means you are investing in the underlying asset, and the
ETF is purchased and held by our Custodian on your behalf.
The Platform displays indicative prices or quotes to buy or sell securities. We have appointed an
eToro entity to set the (bid and ask) prices of the securities which can be traded on the Platform.
This means that our quotes will be different from the prices provided by brokers, the market price,
as well as the current prices on any exchanges or other trading platforms. We currently do not
charge execution fees, so to compare the total cost of using the eToro Service you should compare
all of the features and fees, charges and costs with all of the features and fees, charges and costs of
services by brokers and other intermediaries.
When you use our Securities Trading services, we will execute Transactions based on your
instructions as soon as reasonably practicable. An eToro entity will execute the Transactions on our
behalf and may from time to time use one or more brokers in the execution process. We too may
choose one or more eToro entities, depending on their respective jurisdictions and investments
which you choose.
Settlement
Your security investments will settle in accordance with local markets. We cannot guarantee that
your execution price will match your order price. We are not liable for any losses, costs or expenses
that you suffer as a result of any delay or change in market conditions either before a Transaction Is
executed, or before a Transaction settles.
All settled Transactions are recorded on your Account and held in the name of our Custodian.
In the unlikely case that we, an eToro entity or a broker used by them becomes insolvent or commits
another kind of default under their respective agreements, it is possible that settlement of your
Transaction does not occur (because of the provisions relating to that default or due to the rules of
any relevant exchange). In that case the transfer will not be completed so legal title to the
investments will not be obtained by anyone acting on your behalf and you will not get any beneficial
interest in the Transaction's intended underlying investments. This may be the case even if the
securities which you have bought are shown as available in your Account. In these circumstances,
you will be entitled to the amount that you paid for the securities.
● The timeframe over which you are expecting a return on your investment and your need for
regular income versus longer-term capital growth.
● Risks associated with the structure through which your investments are made.
As such, it may be important for you to obtain personal advice about your financial circumstances
and needs, as well as the suitability of the Scheme and the investments for you, before you apply to
join the Scheme.
Risk Explanation
Scheme risk There are risks particular to investing in the Scheme including that the
Scheme could be terminated, fees and charges could change (including
increases and additional fees, charges and costs), Responsible Entity could
be changed, the investments offered by the Scheme could be closed or
changed.
Investing Investing though your Account has benefits and risks. The significant risks
through the include the risk that Responsible Entity (including by its agents) does not
Scheme comply with the laws, the Constitution or your permissible instructions.
The wholesale client status of the Custodian may significantly affect the
terms on which financial services or financial products are made available
to the Custodian. For example, shareholder and other corporate benefits
available to registered
shareholders might not be directly passed through to each Client’s Account,
since the Custodian will be the sole registered legal owner of the
investments giving rise to those shareholder benefits.
Similarly, by reason of Responsible Entity being classed as a wholesale
client, other providers of financial services or financial products may
manage their services or deliver products to Responsible Entity, without
documents and client protections for retail clients, so members of the
Service will only have the benefit of Responsible Entity being treated as a
wholesale client in respect of their investments. For example, pre-IPO
offers, rights issues, OTC derivatives, and overseas offers might not have a
regulated product disclosure document or, if they do, might deal with client
moneys (sourced from members, invested in their Account and paid by
Responsible Entity to the other financial services licensee) as client moneys
of a wholesale client (and so not have the protections given to retail client
trust moneys). This has the risk that Clients of the Scheme, while having the
benefit of the opportunity to invest in those opportunities, also do not have
the benefit of retail client disclosures and laws protecting them if they were
directly investing as retail clients.
If possible, Responsible Entity will make available the disclosure documents
of the other financial services provider (including by providing an online link
to where the documents are available).
General risks All investments have an inherent level of risk. Generally there is a trade-off
between higher expected returns for higher expected risk represented by
the variability of investment returns. Investment risk may also result in loss
of income or capital invested and possible delays in repayment. Clients could
receive less than they initially invested and there is no guarantee that they
will receive any return from their investment through the Scheme.
Securities All financial products carry risk, and even trading non-complex products,
Trading risk such as securities, will have a degree of uncertainty. The securities markets
can be volatile, which means the prices of the securities can change rapidly
and be unpredictable.
Scheme The Responsible Entity (including by its agents) may in its discretion do a
operations number of things in the operation of the Scheme, without notice to Clients
and in some cases without taking into consideration the specific issues,
benefits or risks to each specific Client. The Responsible Entity may do this
in its discretion (subject to the Account Terms and the Constitution). This
includes ending arrangements for trading platforms or access to it by any
Client, terminating access to any dealer, product issuer, offering or market
at any time, changing (including limiting) minimum balances or restricting
access to product types.
Regulatory risk This is the risk that a government or regulator may change the laws or
expectations for accessing investment opportunities, the Scheme or any
other decision which affects the value of investments held in the Scheme.
This includes changes that affect the product issuer, the treatment of
Responsible Entity as a wholesale client for accessing OTC derivatives by a
change in tax or tax administration.
Market risk Economic, technological, political or legislative conditions and even market
sentiment can (and do) change and this can mean that changes in the value
of investments in markets can affect the value of investments in an
Account.
Liquidity Risk Liquidity risk is the difficulty in realising investments held in an Account.
While this is not a direct risk of the Scheme, the use of the Scheme might
have delays or reliance on the personnel of Responsible Entity or of its
agents which add to the risk of non- performance or delays.
Derivative risk A range of financial derivatives, for example foreign exchange contracts,
futures and options, may be used to implement investment decisions and
to manage risk in an Account in the Scheme. An investment in derivatives is
a sophisticated financial product and can cause a portfolio to make gains or
incur losses that are large in proportion to the money invested in them.
Derivative Transactions may also involve the risk (including credit risk) that
the counterparty on a Transaction will be unable to honour its financial
obligation to Responsible Entity with respect to derivatives held on behalf of
a Client. While Responsible Entity will be directly responsible to the issuer
of the OTC derivative, Responsible Entity holds OTC derivatives referable to
the Client's Account beneficially for the Client. The Client will be fully
responsible to Responsible Entity for all shortfalls and other obligations
rising from Responsible Entity (or eToro acting on its behalf) trading in
those for the Account of the Client. The member may better manage this
risk by fully understanding the OTC derivative, including by reading the
disclosure documents from the issuer, as made available by Responsible
Entity.
Foreign Since the Base Currency of your Account is USD, you are responsible for the
exchange foreign currency exchange risk arising from any conversion of money to or
exposure from USD in or out of your Account. We set the current exchange rates for
any conversions performed. These can differ from any other rates you
think you can access.
Counterparty This risk is the risk that a counterparty in an underlying investment does
risk not meet its contractual obligations. This risk can be managed to some
extent by choosing to deal with counterparties with superior risk profiles,
based on available information and in foreseeable market conditions. You
rely on Responsible Entity to interact with counterparty to investments held
for your Account, but Responsible Entity does not take responsibility for
guaranteeing the solvency or performance of the counterparty.
Other discretion The Scheme vests certain discretion with Responsible Entity, including in
risks the operational implementation of investment, adjustments following
corporate actions, the timing of Transactions, and how to dispose of
investments for termination of the Account.
We retain the discretion to reject Applications. There is no minimum investment to the Accounts.
Cooling off
There is no cooling off arrangement for the Scheme or for investments made through the Scheme.
This means that you do not have the right to request a refund of the money paid to acquire an
investment through the Scheme. If you change your mind after making a Transaction which is held
an Account, you must close your investment, pay any Transaction costs and take the risk of incurring
a loss in doing so. You can withdraw from your Account at any time any credit balance in your
Account. You can at any time request (in writing) to close your Account. Your positions will be closed,
then your Account will be closed and any surplus will be sent to you.
Selecting investments
We accept no liability or responsibility for any advice given to you by your financial adviser for
investing through the Scheme.
After your Account is established, you send payment as per instructions available at the time. The net
amount which you pay will be credited to your Account, ready for paying for investments which you
choose. We may also accept your instructions to us whereby an eToro entity with whom you have an
account will pay us on your behalf. You select investments and give us instructions to deal in them
on the Platform.
(If your Account is closed, all of any surplus will be paid to you to satisfy your withdrawal from the
Scheme.)
Our discretions
Our discretions are vested by the Constitution and are in further detail in the Account Terms. You do
not have any power to direct how we exercise our discretions.
When exercising our discretions, we have a legal obligation under our Australian financial services
licence to act efficiently, honestly and fairly. We may have regard to our policies and to managing all
risks (including financial, credit and legal risks) for ourselves and all of our Clients, our obligations to
our counterparties, market conditions and our reputation. We will try to act reasonably in exercising
our discretions, but we are not obliged to act in your best interests or to avoid or to minimise a loss
in your Account.
● to vary the timing for executing your instructions (to allow for efficient Transaction execution,
and manage the fairest and most efficient aggregation of Transactions across all Accounts
so no Client is unfairly materially adversely disadvantaged over time);
You should consider the significant risks that arise from Responsible Entity exercising its
● giving you a grace period for full compliance in paying by cleared funds any amount you owe; and
Reporting
Clients have online access to their Account in order to view the investments, Transaction history, and
fees and charges on their Account. We will also provide any reports required by law.
Applications will only be accepted from persons who agree to receive reporting electronically.
You will normally be able to withdraw funds on any Business Day and requests will be complied with
promptly, subject to any requirements of the law and as set out below.
All withdrawal instructions must be given to us in an approved form and content by the cut-off each
Business Day.
This is normally 10:00 a.m. (Sydney time), but we can change that deadline in individual cases owing
to market conditions (especially if your portfolio includes stock traded on overseas exchanges). Once you
give a withdrawal instruction, you cannot revoke the instruction unless we give our approval.
Withdrawal of funds from the Scheme can be made in cash (to your nominated bank account). If
the Account is geared, there may be restrictions on withdrawals of investments, depending on the
level of gearing.
Cash withdrawals will be paid using the last available payment method that you used to send funds to
your Account. Any instruction to withdraw to an alternative payment method must be in writing and
signed by you. We may accept it, but only after we are satisfied that the alternative payment method
belongs to you.
We will try to close out or to sell your investments to pay a withdrawal request generally within the
next Business Day or as soon as practicable, following our acceptance of your withdrawal request.
You generally can expect cash to be available within 10 Business Days of our receipt of a satisfactory
withdrawal request. This cannot be guaranteed since there may be delays depending on liquidity of
Assets, market and other factors beyond our control.
Suspension of withdrawals
Compliance Committee
We have established a Compliance Committee to oversee the operations of the Scheme and to
monitor compliance with the Compliance Plan. The Compliance Committee is required to report
breaches of the Constitution and the Corporations Act to the directors of Responsible Entity and in
some circumstances to ASIC.
You may access your Account information 24 hours a day, seven days a week through the Platform
(subject to maintenance and emergency disruptions). This is a secured online service that provides
access to access to up-to- date information about your underlying investments, including your
Account balance and Transaction history.
At any time, you may request a Transaction statement for your Account that shows either all
Transactions since your last regular statement or all Transactions for a specific period. We
recommend that you check all statements and Transaction confirmations carefully. If there are any
discrepancies, please contact us or your financial adviser.
Copies of any documents we lodge with the ASIC in relation to the Scheme may be obtained from, or
inspected at, an ASIC office.
Keeping us informed
If you choose not to disclose certain information, the following may apply:
● Account details: we will not be able to pay withdrawal proceeds or income distributions to you.
● Tax residency information: we may not be able to process your request, or we may be
required to notify the ATO or other tax authority or to withhold amounts and pay them to
meet tax withholding obligations.
● Incomplete Application Form: unless otherwise agreed, we will not be able to process your
investment request. If you do not provide all relevant identity verification documents, we
will not be able to process your investment request.
Portfolio Valuation
This is updated and available on the Platform on a daily basis, and provides you with the total
market value of your portfolio.
Trading Summary
This is available online on a daily basis, and provides a summary of all Transactions.
Expense Reporting
A list of all expenses including portfolio fees, and interest if gearing has been selected.
Important: The reports mentioned above are subject to availability and, at some times Account
information may be out of date pending, for example, completion of a trade, or due to a lag in the
time that a change to your Account is reported electronically.
By completing the Application Form, you agree that confirmation of acceptance of deposits and
withdrawals involving your Account will be provided to you electronically by means of your Account
A copy of the auditor’s report for the Scheme will generally be available and published the website
www.etoro.com.au by the end of September each year (or soon after). This report will provide
consolidated information and will not contain any information particular to an individual Client’s
Account. Individual Accounts are not audited. We will provide a copy of this report, or an online link
to it, to you by your email or other electronic address notified in your Application (or as alter advised
and accepted by us).
This document shows fees, charges and other costs that you may be charged in respect of your
Account. These fees, charges and costs may be deducted from your Account and so reduce the
returns on your investments held in your Account. You should read all the information about fees
and costs because it is important to understand their impact on your investments. Once again, we
urge you to obtain professional financial advice regarding the features and characteristics of the
Scheme and how they may impact you.
Unless otherwise stated, all fees in this PDS are in United States dollars (USD) and are exclusive
of GST.
Management costs
The above table is for fees, charges and costs for having and closing your Account. Please see below
for an additional explanation of fees, charges and costs on Transactions and related services
for your Account.
Please note this is an example for illustrative purposes only. Additional fees and costs will be charged
depending on the investments that you decide to invest in.
PLUS
Transactional charges
Transaction charges cover the costs of buying and selling investments in your Account, and are made
up primarily of brokerage payable in respect to sale and purchase Transactions, but may also,
depending on the jurisdiction in which those Transactions are effected, include Government taxes,
bank charges and stamp duty (if any). These costs are incurred when Transactions are effected.
We will not charge any Transaction fee, charge or cost unless notice is given of that. Any government
tax or charge or exchange fee will be charged to your Account.
We will charge you $5 for payments made for withdrawals from your Account. Please access the link
below which provides a detailed list of the current applicable fees, charges and costs:
http://www.etoro.com/en/customer- service/fees/
You may be charged (to your Account or directly to you) other applicable fees, charges and costs
depending on your investments on the Platform through the Scheme. These include:
● Payment transfer fees – we may charge you a transfer fee if you pay money into your Account
and your payment method charges us a fee, for example a payment transfer or a payment
processing fee. We may also charge a transfer fee if we return any money which comes in
from a payment method that is not in your name, and we are charged a fee for returning
your money. We may deduct an amount equal to that fee from the money which we are
returning.
● Conversion fees – Since the Base Currency of your Account is USD, if we need to convert your
money to or from USD in or out of your Account we may charge you a conversion fee.
Other fees may also apply to your specific investments. For more information on the above fees and
charges relating to your investments through the Scheme, and worked examples demonstrating
how these fees may apply to you can be found on the website: http://www.etoro.com/en/customer-
service/fees/.
No. The spread is the difference between the bid and ask (or the “sell and buy”) price. This is not a
separate fee, charge or cost to you. The spread reflects the conditions and at the time of reporting
them to you. The prices change, often quickly and with greater variation (that is, the spread can
move and widen or narrow). If the price at which you sell your investment is less than the price at
which you bought the investment plus taking into account any other fees, charges or costs on your
payment and investment, you will loose on your investment. You should therefore consider that
movements in the spread will impact the availability of any net profit when your positions are closed
out.
Taxes
The Constitution sets the maximum fees we are entitled to charge. The Constitution restricts
Responsible Entity to receive and retain for its own use out of the Account an account management
fee of up to a maximum of 2% of the gross asset value of the Account at the end of the month.
The fees currently applicable to your investment are set out in this PDS. Although we have the right to
change our fee structure, we have no present intention to do so. If we do change our fee structure we
will provide you with a minimum of 30 days’ notice of any increase. We can notify you by posting the
information on our website, by email or referring to these changes in your Account.
We may also individually negotiate fees with investors classed as “wholesale” or “professional”
investors on the basis of the value of their investments. We may also offer reduced fees to
employees of Responsible Entity and its related bodies corporate. We cannot enter into individual
fee arrangements with other investors.
If for any reason your Application to participate in the Scheme is not immediately accepted when
Section 9 - Taxation
Taxation law is complex, and its application will depend upon your individual circumstances. The
information we provide should be used as a guide only and does not does not constitute
professional taxation advice. We recommend that you obtain your own professional advice
regarding your tax position with respect to your investment through the Scheme.
The Scheme is not taxed since all investments are beneficially held by Clients directly in their separate
Accounts. You have a vested and indefeasible interest in your Assets held through the Scheme.
All net income and gains (or losses) on investments and other Assets in your Account accrue directly
to you. You will generally be required to include in your assessable income your income from the
Scheme. There may be instances where your taxable income from the Scheme exceeds the
distribution you receive from the Scheme.
Depending on the types of investments made, your Account can derive income in the form of
dividends, interest, gains on the disposal of investments and other types of income. Generally, such
income is taxable, but tax credits (for example, franking credits or foreign tax credits) may be
available to offset part or all of any resulting tax liability.
If you receive franking credits your entitlement to use those credits to offset tax or obtain a refund
of tax may be affected by your holding of the underlying shares which resulted in the credits.
Generally speaking you must hold the relevant shares at risk for more than 45 days (90 days for
preference shares) to be entitled to the credit. There are exceptions to this rule, and you should
consult your tax adviser for further information.
The disposal of investments in your Account may give rise to a capital gain or loss. These disposals
may be triggered by an investment instruction, a rebalancing of your Account, or your withdrawals
from the Scheme.
The Application Form requires you to quote your Tax File Number (TFN), TFN exemption or
Australian Business Number (ABN). If you choose not to do so, we have to deduct tax at the highest
marginal tax rate plus any relevant Government levies (including the Medicare levy) from any
Goods and Services Tax (GST) may apply to the Scheme or your investment. Unless otherwise stated,
all fees and costs incurred in the operation of the Scheme are quoted inclusive of any GST.
You have a right to request a copy of the Scheme’s half yearly financial report and any continuous
disclosure notices lodged with ASIC, in addition to the annual audited financial accounts for the
Scheme.
We hold an Australian Financial Services Licence which authorises us to operate the Scheme.
We can retire as Responsible Entity on 30 days’ notice or we can be removed in accordance with the
Corporations
Act.
Constitution
Our responsibilities and obligations as Responsible Entity of the Scheme are governed by the
Constitution, as well as the Corporations Act and general trust law.
Under the Constitution, a Client has the beneficial interest in the Assets held for their Account. The
legal interest is held by us or, if we use a Custodian, our Custodian.
You may obtain a copy of the Constitution free of charge by requesting a copy from us.
The Constitution contains a number of provisions relating to the rights, terms, conditions and
obligations imposed on both Clients and us, including a provision that Clients and all persons
claiming through them are bound by the terms of the Constitution.
The main provisions which relate to your rights under the Constitution include:
● our ability to restrict you from transferring or registering security interests (such as
mortgages) over your Account. There are also provisions governing our powers and duties.
These provisions set out:
● the circumstances in which the Scheme can be terminated, including the termination date
which is 80 years less one day after the Scheme is established unless terminated earlier. We
can terminate the Scheme by giving the notice required by the Constitution. If we do, you
receive the investments in your Account (or their cash equivalent) less any expenses
attributable to your Account and your pro rata share of the Scheme expenses;
● our right to be paid by, or receive a benefit from, an incoming Responsible Entity, and not
be required to account to Clients for such payment or benefit;
● when we can amend the Constitution (generally we can only amend the Constitution if we
reasonably believe that the changes will not adversely affect your rights as a Client;
otherwise, the Constitution can only be amended if approved by special resolution at a
meeting of the Clients);
● our right to determine minimum application, withdrawal and holding amounts and powers
in support of these minima;
● our ability to terminate your participation in the Scheme if you breach any terms and
conditions of the eToro Constitution or your Account Terms;
● your right to give us instructions. It is important to understand that the Scheme is not an
IDPS and, while we will generally seek to comply with your investment instructions, we
maintain the right and power to determine which investments may be available for you to
invest in on your behalf through the Scheme; and
● our broad powers including to act on properly authorised instructions, invest, and generally
manage the Scheme. Our powers to credit your Account with:
● all other moneys and assets that we receive from you or on your behalf in relation to your
Account;
● such other amounts and assets that we determine to be appropriate to credit to the
● any moneys required for the payment of fees, charges, expenses and taxes associated with
your Account or instructions;
The Constitution provides that Responsible Entity is indemnified for all expenses and liabilities we
incur in relation to your Account in the proper performance of our duties under the Constitution. All
liabilities, which in our opinion are attributable to you or your Account, are to be satisfied from
either or both of the following:
The Constitution also deals with our liabilities in relation to the Scheme for example, subject to the
Corporations Act:
● we are not liable to Clients for any loss provided we did not act negligently or we believed
we acted in good faith in accordance with the law and the Constitution; and
● our directors and officers are not liable to a Client or any other person in connection with
the office of Responsible Entity, trustee, or director or officer of Responsible Entity.
Compliance Plan
We have lodged a Compliance Plan for the Scheme with ASIC. The Compliance Plan sets out the
measures we will take to ensure we comply with the Corporations Act and the Constitution for the
Scheme.
To oversee compliance with the Compliance Plan, we have established a Compliance Committee.
The Compliance Committee is required to report breaches of the Constitution and the Corporations
Act to the directors of Responsible Entity and in some circumstances to ASIC.
The Compliance Plan may be altered from time to time in our discretion. The Scheme and the
Compliance Plan are required to be audited annually.
Other parties
Clients have a beneficial interest in the Assets held in their Account. We have engaged a Custodian to
to Assets of the Scheme. The Custodian will hold the assets in accordance with the standards and
legal obligations which apply to it.
The Scheme has a registered company auditor. The auditor’s role is to provide an audit of the
financial statements of the Scheme each year, as well as performing a half-yearly review (if
required), and to provide an opinion on the financial statements.
Insurance
The Responsible Entity has professional indemnity insurance in place to cover a variety of different
risks, some of which may assist in the repayment of deficits arising if there is fraudulent activity by
one of our employees, directors or authorised representatives that results in your money being used
in fraudulent activities.
If you have a query, complaint or dispute, please contact eToro Service who may be able to deal it in
the first instance on your behalf.
If you have a complaint that is not, or cannot be, resolved by eToro Service, you can contact the
Responsible Entity using the contact details provided in the directory section of this PDS.
Please provide us with all information relevant to the complaint that is in your possession or control.
We will acknowledge receipt of the complaint as soon as practicable but in any event within 5 days
of its receipt.
We will deal with any complaint and respond to you as soon as practicable and may ask you for
further information that we think is necessary to enable us to properly consider the complaint. Your
complaint will generally be dealt with within 45 Business Days after receiving the complaint.
If your complaint is not dealt with to your satisfaction within this timeframe, you may refer your
complaint to the Australian Financial Complaints Authority (AFCA), an approved external dispute
resolution scheme, of which Responsible Entity is a member.
Website: www.afca.org.au
Email: info@afca.org.au
In writing to: Australian Financial Complaints Authority, GPO Box 3, Melbourne VIC 3001
Anti-Money laundering
Your Application Form will not be accepted or processed until all required information has been
received to our satisfaction (including any additional information that may be requested) and we are
satisfied all client identification procedures have been completed and our obligations under the AML
laws have been complied with. We may also require you to provide additional information and
identification documents to those listed in the Application Form, for example, if you nominate a
foreign bank account in your Application Form. This may include, but is not limited to the following
information:
● you warrant that you are not aware and have no reason to suspect that:
● the monies used to fund your investment have been or will be derived from or related to
any money laundering, terrorism financing or other illegal activities, whether prohibited
under Australian law, international law or convention or by agreement as illegal activity; or
● the proceeds of your investment will be used to finance any illegal activities; and
● you warrant that you are not a 'politically exposed' person or organisation for the purposes
of any AML laws; and
● you undertake that you or your agent will provide us with all additional information and
assistance that we request in order to comply with our obligations under any AML laws.
Privacy
The information requested on the Application Form is used by us for the primary purpose of
establishing and administering your Account. We may be unable to process your Application or
operate your Account without this information. Our Privacy Policy detailing our handling of personal
We may disclose your information to external parties who act on our behalf in the operation of the
Scheme from time to time. We may also disclose your information to external parties on your behalf,
such as your financial adviser.
Section 12 - Glossary
$ and USD means United States dollars.
Account means an interest in the Scheme which is the account service provided through the Scheme.
Account Terms means the terms of the agreement governing our relationship with you in relation to
your account(s) held in the Scheme.
Additional Information Statement or AID means the statement or statements about the Platform
or in relation to the Scheme which does not need to be in this PDS (including not incorporated by
reference in this PDS).
Application means the application made in the Application Form to have an Account on the Account
Terms.
Assets means any underlying investments (including, derivative financial products), income or cash
contributions that are referable to a Client's Account in the Scheme.
Business Day means any day (except Saturdays and Sundays) on which banks in Sydney, Australia
are open for normal banking business.
Client means a member of the Scheme by reference only to the registered name of the Account,
subject to any law which extends that meaning.
Compliance Plan means the compliance program of the Scheme which we are required by law to
establish and to maintain.
Copy Trading means a service offered through the Scheme by which Clients instruct us to copy the
trades of other Traders on the Platform. (This is not yet available.)
Custodian means any custodian appointed from time to time by Responsible Entity.
GST means Goods and Services Tax as defined in A New Tax System (Goods and Services Tax)
Act 1999 (Commonwealth).
IDPS means an investor directed portfolio service as defined in ASIC Legislative Instrument [CO 13/373].
NAV means the net asset value of the investments held in your Account as determined in accordance
with the Constitution.
PDS means this Product Disclosure Statement as amended from time, including any supplementary
disclosure documents.
Platform means the electronic facility provided by us to Client for Client mainly to access information
about their Account, to give instructions and to facilitate payments by and to Client in relation to their
Account.
Scheme or eToro Service means the registered managed investment scheme, eToro Service ARSN 637
489 466.
TFN means the Tax File Number of an applicant or Client of the Scheme.
Transaction means any transactions or orders with respect to an underlying investment which we
may execute through the Platform on your behalf in accordance with the instructions we receive
from you.
Directory
eToro Service:
General enquiries: 1800 778 439
Email enquiries:
info@etoro.com.au
Custodian
eToro (Europe) Ltd
4 Profiti Ilia Street, Germasogeia, Limassol, Cyprus.
None of the entities listed in the Directory above guarantee the repayment of capital or the
performance of the eToro Service offered by this PDS.
All entities mentioned in this PDS other than Responsible Entity have given their consent (and not
withdrawn it) to being mentioned in PDSs for the Scheme in relation to the context of their role.